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Subscriber Agreement

General Terms and Conditions

ACCEPTANCE OF THIS AGREEMENT – Customer will have
accepted and be bound by this Agreement if Customer provides Tracker Systems
with a written or electronic signature or clicks the accept tab or accesses the
MyTracker website or APP and logs in.

AGREEMENT TERM – The term of this Agreement shall be
that which is indicated on your purchase receipt, order or invoice. The
Customer may be required to commit to a fixed one or two-year term based on the
Service Plan selected or other monetary considerations set forth by Tracker
Systems.

IF CUSTOMER SELECTS A SERVICE PLAN OR PARTICIPATES IN A
PROMOTION THAT REQUIRES A MINIMUM TERM, CUSTOMER SHALL PURCHASE SERVICE FOR THE
FULL TERM AND, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, PAY DAMAGES TO
TRACKER SYSTEMS (AS DISCUSSED IN SECTION 6 BELOW) IF THE AGREEMENT IS
TERMINATED BEFORE COMPLETION OF THE MINIMUM TERM. Customer will not be liable
to Tracker Systems for early termination if service is terminated dur­ing any
evaluation period if outlined in writing. Upon completion of the term, this
Agreement shall automatically renew on a month to month basis until the
Agreement is terminated by either party. Tracker Systems may, at its sole
discretion, decide not to renew this Agreement at any time before the
completion of the term or any renewal period.

CHANGES TO AGREEMENT – SUBJECT TO APPLICABLE LAW,
TRACKER SYSTEMS MAY, AT ANY TIME IN ITS SOLE DISCRETION, MODIFY ANY OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE RATES
IT CHARGES TO CUSTOMER. TRACKER SYSTEMS WILL PROVIDE NOTICE TO CUSTOMER OF ANY
MATERIAL MODIFICATION. If the modification is material and adverse to Customer
and Customer does not agree to accept the modification, Customer may terminate
this Agreement without incurring any liability to Tracker Systems for early
termination by notifying Tracker Systems within sixty (60) calendar days after
the effective date of the modification. The effective date of the modification
will be set forth in the written notice provided to Customer. If Customer does
not terminate the Agreement during the sixty (60) day period, Customer will
have agreed to accept the modification and the modification shall have
retroactive effect to its effective date.

USE OF SERVICE – Customer shall not use the service
in any unlawful manner or in any manner that may be abusive, threatening,
harassing, or fraudulent. Customer shall not use the service to track an
individual or property not held in ownership by the Customer if this would
violate any laws. Customer should not use the service in a manner that could
result in damage or risk to the business, reputation, properties, services, or
other customers, of Tracker Systems, third parties, or the general public.
Customer may not resell or lease the service to any other person or party
unless specifically agreed to in writing by Tracker Systems. Customer shall not
attempt to gain unauthorized access to the Service or infringe on the service
of another customer.

Change in Service – Any change in Service may require
additional programming by Tracker Systems for which there will be a fee as
outlined in the RATES AND CHARGES section of this Agreement.

SERVICE AVAILABILITY – CUSTOMER ACKNOWLEDGES THAT USE
OF SERVICE IS DEPENDENT ON SERVICES OF OTHER PROVIDERS FOR THE TRANSMISSION OF
DATA TO OUR DATABASE SERVERS. WE CANNOT GUARANTEE THE INTEGRITY OR RELIABILITY
OF SUCH SERVICES. THE SERVICE UTILIZES THE INTERNET FOR STORAGE AND TRANSMISSION
OF CUSTOMER LOCATION INFORMATION. DUE TO THE NATURE OF THE INTERNET, SERVICE
CAN BE AFFECTED BY SUCH THINGS AS DATA TRAFFIC, SYSTEM OUTAGES, POWER FAILURES,
COMPUTER VIRUSES, AND ACTS OF GOD.

RATES AND CHARGES – Customer shall pay in full all
charges for Services provided under this Agreement and any Plan that becomes
part of this Agreement, including monthly charges, usage charges, taxes,
assessments, and any additional fees or charges imposed on Customer or on
Tracker Systems and associated with the Service. Customer is responsible for
all charges or purchases associated with Customer’s Service whether or not
Customer was the user of the Service or authorized its use. If Customer fails
to pay any amounts when due under this Agreement, Customer shall be in default
and Tracker Systems shall be entitled to exercise any remedies available to it
under this Agreement or at law or in equity.

Service Charges – Customer shall pay all charges for
Services selected by Customer as outlined on the Tracker Systems’ Invoice.
CUSTOMER’S SERVICE PLAN INFORMATION AS OUTLINED ON THE INVOICE AND PRECEEDING
MONTHLY INVOICES SHALL BE CONSIDERED PART OF THIS AGREEMENT. Rates charged to
Customer include monthly service charges and may include activation or set up
fees. Monthly service charges shall begin once Customer’s Service is activated,
which may occur before Customer begins to uti­lize the Service. Taxes, Fees,
and Assessments – Customer shall pay all federal, state, and local taxes and
fees that are imposed on transactions subject to this Agreement. Customer shall
be responsible for all taxes and fees (whether imposed upon Customer or Tracker
Systems) that are measured by gross receipts from sales made to Customer or
imposed as a per-line or per-unit charge. Any Customer who is eligible for an
exemption from any tax or fee must provide Tracker Systems with a valid and
properly executed exemption certifi­cate for the exemption to be effective.

Early Termination Component of Rate Structure – Tracker
Systems incurs a significant cost in activating Service to Customer. These
costs are partially recouped over the length of the Customer’s Agreement with
Tracker Systems through the monthly service fees charged to Customer, which
have been established in part for this purpose. If Customer beaches this
Agreement or terminates Service for any reason, Customer understands and
acknowledges that Tracker Systems will not receive the full benefit of this
Agreement with Customer, in part because Tracker Systems will not continue to receive
monthly service charges from Customer. As a result, Tracker Systems will incur
damages that are difficult, if not impossible, to determine. THEREFORE, IN THE
CASE OF BREACH OR EARLY TERMINATION OF THE AGREEMENT BY THE CUSTOMER, CUS­TOMER
SHALL PAY TO TRACKER SYSTEMS, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY (IN
ADDITION TO ALL AMOUNTS THEN OWED TO TRACKER SYSTEMS), THE AMOUNT INDICATED ON
CUSTOMER’S INVOICE AS THE TERM DISCOUNT OR $100, WHICHEVER IS HIGHER, FOR EACH
INDIVIDUAL SERVICE ASSOCIATED TO THE CUSTOMER’S ACCOUNT AS A REASONABLE
ESTIMATE OF THE DAMAGES INCURRED BY TRACKER SYSTEMS.

Failure to Pay – Customer acknowledges that time is
of the essence with respect to all amounts owed to Tracker Systems. IF CUSTOMER
HAS NOT PAID INVOICE IN FULL BY THE DUE DATE, A LATE PAYMENT CHARGE OF UP TO
1.5% PER MONTH, OR SUCH LESSER AMOUNT PERMITTED BY LAW, MAY BE APPLIED TO THE
TOTAL UNPAID BALANCE DUE AND OUTSTANDING. THIS LATE PAYMENT CHARGE IS ASSESSED
TO RECOVER COSTS FOR CUSTOMER’S FAILURE TO PAY AND SHALL NOT CONSTI­TUTE
INTEREST. Tracker System’s acceptance of late or partial payments (even id
marked “paid in full” or similar notations) shall not waive Tracker Systems’
right to collect the full amount due under this Agreement, plus any additional
amounts charged under this paragraph. If Tracker Systems obtains the services
of a collection agency, repossession agency, or attorney to assist in remedying
any breach of this Agreement by Customer, including but not limited to,
Customer’s non-payment of charge, Customer shall be liable for this ex­pense.

Disputed Charges – Customer may dispute only those
charges they believe are the result of a billing error or a problem related to
Customer’s Service. To dispute any charge, Customer must pay all undisputed amounts
when due and submit a written notice to Tracker Systems within ninety (90) days
of the problem or before the end of the third billing cycle after the date upon
which the problem occurred, whichever occurs later. CUSTOMER WAIVES THE RIGHT
TO DISPUTE ANY CHARGES FOR WHICH TIMELY NOTICE IS NOT PROVIDED TO TRACKER
SYSTEMS. Tracker Systems shall resolve all disputes in its sole discretion. If
Tracker Systems determines that an error was made on Customer’s invoice,
Tracker Systems will credit Customer’s account in the amount of the error. If
Tracker Systems determines that a disputed charge was validly assessed upon the
Customer, Tracker Systems will notify the Customer and Customer must furnish
the amount to Tracker Systems within a reasonable period of time; or, if
authorized by Customer, Tracker Systems may instead charge Customer’s credit
card or debit card by any amount that was validly assessed. If Customer fails
to pay any undisputed amount or, after a reasonable period of time, fails to
pay any amount determined by Tracker Systems to have been validly assessed upon
Customer, Tracker Systems may exercise any remedies available to Tracker
Systems under this Agreement for non-payment, including termination of the
Agreement. Customer hereby acknowledges that he or she has read the explanation
of rates and charges set forth in this Section 7 and understands that these
rates and charges may be assessed upon Customer, to the extent applicable.

Third-Party and Other Services – Customer
acknowledges that the data services of other wireless telecommunications
carriers are necessary for Tracker Systems to provide the Service and that
there are charges for such data services. As with most wireless
telecommunications services there are different types of rate plans and
structures to choose from de­pending on the monthly volume of data anticipated
by the Customer. There are overcharges for usage if monthly allotments of data
are exceeded by the Customer during any given billing cycle of the wireless
telecommunications carrier.

BILLING – Tracker Systems shall issue invoices for
Service and for purchases of equipment. Tracker Systems’ invoicing cycle is
approximately thirty (30) days for monthly invoices, ninety (90) days for
quarterly invoices, and three-hundred sixty-five (365) days for annual
invoices. The day of the month on which Customer receives an invoice may vary
and is subject to change. Service charges will be invoiced to Customer in
advance. If Customer’s Service is terminated for any reason before the end of any
billing cycle, no credit or refund will be provided for any unused service and
any monthly service charge will not be prorated to the date of termination. On
occasion, Customer may be billed for Services in a month other than the month
in which the Customer used the Services, which may result in
higher-than-expected Service charges for the month in which the Services are
billed. Additional Service added after a billing cycle has previously been
established will be prorated in order that the new Service is placed on the
same billing cycle as the original Service.

PAYMENTS – Tracker Systems accepts cash in United
States currency, checks drawn on a commercial bank or credit union in the
United States, credit cards, debit/check cards, and ACH debit transfers.
Recurring Credit/Debit Card Payments or ACH Debits – Customer may pay any
amount owed to Tracker Systems by using a credit or debit card acceptable to
Tracker Systems or by ACH direct debits from their bank account. If Customer
wishes to pay all amounts in this manner on a recurring basis a separate
Payment Authorization Form must be completed and signed by the Authorized
Contact. Customer shall promptly notify Tracker Systems of any changes to the
credit or debit card (e.g., if the card is lost or stolen, terminated, or the
expiration date changes) or bank account used for payment. Enrollment is for
the duration of this Agreement unless cancelled earlier by Customer or Tracker
Sys­tems upon thirty (30) days advance written notice to the other party.

Specific Form of Payment – Tracker Systems may, at
any time and from time to time, as it deems appropriate (e.g., following
receipt of a dishonored check), demand that Customer make payment by money
order, cashier’s check, or a similarly secure form of payment.

Dishonored Checks – Tracker Systems may charge
Customer up to the highest amount permitted by law for any check or other
instrument tendered by Customer and returned by a financial institution for any
reason.

SUSPENSION, LIMITATION, OR TERMINATION OF SERVICE OR THIS
AGREEMENT – Tracker Systems may limit, suspend, or terminate Customer’s
Service or this Agreement at any time and without providing notice to Customer
if: (1) Customer fails to pay any charges due under this Agreement, (2)
Customer behaves in an abusive, derogatory, or otherwise unreasonable manner to
any Tracker Systems employee, representative, or agent, (3) Tracker Systems has
reason to believe that Customer’s Service is being used in a fraudulent manner
or for an illegal purpose, (4) Customer’s Service is being used in such a
manner to adversely affect other Customer’s Service or Tracker Systems’
business operations, (5) Customer’s use of the Service exceeds limitations or
violates any restrictions placed on Customer’s account or otherwise breaches
this Agreement, or (6) Tracker Systems, in its sole discretion, believes action
is required to protect its interests or the interests of Customer or other
customers. TRACKER SYSTEMS SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER
PARTY FOR EXERCISING OR FAILING TO EXERCISE ITS RIGHTS UNDER THIS SECTION TO
LIMIT, SUSPEND, OR TERMINATE SERVICE OR THE AGREE­MENT. If Tracker Systems
terminates Service to Customer, all amounts owed to Tracker Systems shall
become immediately due.

Reactivation – Tracker Systems may, but is not
required to, reactivate Service to Customer after Service has been suspended or
terminated in accordance with the previous subsec­tion. Before Service may be
reactivated, Customer must pay to Tracker Systems all past due amounts plus a
reconnection charge of $15 per unit of Service. Additional charges may apply if
software updates or new client software is required. Tracker Systems may modify
the terms of Service before reactivating Service to Customer and may require an
initial deposit or additional deposit. Third-Party Service – Customer
acknowledges and agrees that the Service depends on the wireless transmission
of location information over the facilities of a wireless telecommunications
carrier. CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF SERVICE CHARGES DUE TO
TRACKER SYSTEMS UNDER THIS AGREEMENT SHALL NOT BE WAIVED IF THE TRANSMISSION OF
SUCH INFORMATION INTEGRAL TO THE SERVICE IS IN ANY WAY INTERRUPTED, SUSPENDED,
DEAC­TIVATED, OR IMPAIRED BY A THIRD-PARTY PROVIDER OF WIRELESS TRANSMISSION
SERVICE.

RELEASE OF CUSTOMER INFORMATION – Tracker Systems’
Service uses wireless radio systems and the internet to transmit, store, and
forward communications that may be accidentally or intentionally intercepted.
Although state and federal laws make it illegal for third parties to intercept
such communications, privacy cannot be guaranteed. TRACKER SYSTEMS SHALL NOT BE
LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR EAVESDROPPING ON OR INTERCEPTING
OF COMMUNICATION OF THE SERVICE. Customer acknowledges and agrees that Tracker
Systems may access and use any information from Customer to: (1) provide
customer support; (2) conduct marketing activities in accordance with
applicable law; (3) list Customer’s contact information; (4) comply with applicable
law; (5) respond to emergencies. Tracker Systems may access, use, monitor,
record, or disclose any communication to or from Customer as well as the
Service Customer is subscribing to in order to protect Tracker Systems’ rights
or property or those of other customers, as permitted by law. Customer
acknowledges and agrees that the Service provides the Customer with specific
geographic information of the units that Customer has chosen to subscribe to
the Service. Customer shall clearly, conspicuously, and regularly notify all
individual users of the Service that location information may be accessed, used
or disclosed in connection with the Service. CUSTOMER SHALL HOLD HARMLESS AND
INDEMNIFY TRACKER SYSTEMS AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DEMANDS,
ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING
OUT OF BREACH OF CUSTOMER’S OBLIGATION TO NOTIFY US­ERS AS SET FORTH IN THIS
SECTION OR CUSTOMER’S USE OF ANY GEOGRAPHIC INFORMATION SERVICE OR LOCATION
INFORMATION.

EQUIPMENT – Customer acknowledges and agrees that our
Service requires certain types of wireless equipment that is capable of
obtaining GNSS, GPS and/or A-GPS information. Customer acknowledges that it is
prohibited from accessing the internal software operating system of the
equipment in order to change its function, or to copy the programming scripts,
or reverse engineer the Equipment hardware or software. TRACKER SYSTEMS SHALL
NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGE TO THE EQUIP­MENT) RESULTING
FROM INSTALLATION OF THE EQUIPMENT, OR PROGRAMMING OF THE EQUIPMENT, BY
CUSTOMER OR ANY THIRD PARTY. ALL RISK OF DAMAGE TO THE EQUIPMENT OR TO OTHER
PROPERTY AS A RESULT OF THE EQUIPMENT SHALL BE BORNE ENTIRELY BY THE CUSTOMER.
NO LOSS, DAMAGE, THEFT, OR DESTRUCTION OF THE EQUIPMENT, IN WHOLE OR IN PART,
SHALL IMPAIR CUSTOMER’S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING, WITHOUT
LIMITATION, CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF SERVICE CHARGES DUE
UNDER THIS AGREEMENT.

DISCLAIMER OF WARRANTIES – TRACKER SYSTEMS MAKES NO
REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT CONCERNING CUSTOMER’S SERVICE. TRACKER SYSTEMS DOES
NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY ON ITS BEHALF, AND
CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT(S). ANY STATEMENTS MADE IN
PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY TRACKER SYSTEMS EMPLOYEES,
AGENTS, OR REP­RESENTATIVES, ARE FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER
ASSUMES ALL RESPONSIBILITY FOR USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT
SERVICE MAY NOT BE ERROR-FREE AND THAT INTERRUPTIONS WILL LIKELY OCCUR FROM
TIME TO TIME. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

LIMITATION OF LIABILITY AND REMEDIES FOR BREACH –
Tracker Systems shall not be liable for any deficiency in the Service; any
suspension or termination of the Service by Tracker Systems or any other action
taken by Tracker Systems in its sole discretion intended to protect its system
and rights of property of Tracker Systems, its customers, or others; any damage
or personal injury caused by the use of the Service; any other damage due
directly or indirectly to causes beyond Tracker Systems’ control. WITHOUT
LIMITING THE FOREGOING, TRACKER SYSTEMS’ SOLE LIABILITY FOR SERVICE DISRUPTION,
WHETHER CAUSED BY THE NEGLIGENCE OF TRACKER SYSTEMS OR OTHERWISE, IS LIMITED TO
A CREDIT ALLOWANCE OF NOT MORE THAN THE PROPORTIONATE CHARGE TO CUSTOMER FOR
THE PERIOD OF SERVICE DISRUPTION. IF CUSTOMER IS PROVIDED WITH A CREDIT
ALLOWANCE UNDER THIS SECTION, TRACKER SYSTEMS SHALL BE SUBROGATED TO ANY AND
ALL RIGHTS THAT CUSTOMER MAY HAVE AGAINST ANY THIRD PARTY AS A RESULT OF
CUSTOMER’S LOSS OR EXPENSE. THIS SECTION 13 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.

INDEMNIFICATION – Customer shall, indemnify, defend,
and hold Tracker Systems harmless from any violation by Customer of any
applicable law or regulation. Customer will further indemnify Tracker Systems
for any claim or demand, including reasonable attorney’s fees, made by any
third party due to or arising out of Customer’s use of the Service; the
connection to the Service; Customer’s violation, of this Agreement, or the
rights of any third party.

DISPUTE RESOLUTION – Customer agrees to accept
mandatory arbitration of any dispute arising out of this Agreement or the
Service provided by Tracker Systems to the extent permitted by law. The parties
agree to use the American Arbitration Association and to arbitrate according to
the ADR Guides. Where mandatory arbitration is not permitted, Customer agrees
to waive their right to a trial by jury.